K.G.Kumarasamy v. T.N.Murugan
Case brief
What is this about?
The High Court allowed the criminal appeal and set aside the order dismissing a cheque dishonour complaint for non-prosecution, restoring the case for a full-fledged trial as the dismissal was on technical grounds.
What did the court decide?
The impugned order dated 29.12.2023 in S.T.C.No.16 of 2019 was set aside, the appeal allowed, leave granted, and the complaint restored to the trial court for proceeding on merits.
What the court decided
Crl.A.No.348 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.348 of 2024
K.G.Kumarasamy ... Appellant/Complainant
Versus
T.N.Murugan ... Respondent/Accused
PRAYER : Criminal Appeal filed under Section 378 of Code of Criminal Procedure to set aside the order passed in S.T.C.No.16 of 2019 by the learned District Munsif cum Judicial Magistrate, Gummidipoondi, Thiruvallur District dated 29.12.2023.
For Petitioner : Mr.K.Balaji
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the dismissal of the complaint under Section 138 of the Negotiable Instruments Act for non-prosecution must be set aside to render substantial justice.
Whether notice to the respondent is required when the dismissal was technical and not on merits.
Parties & counsel
- appellant
K.G.Kumarasamy
- respondent
T.N.Murugan
Coram
M. NIRMAL KUMAR
Case details
As recorded by the court registry
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